Emergency Arrangements In Handling The Covid-19 Pandemic In Indonesia Reviewed From Legal Guarantee Aspects

Authors

  • Harun Universitas Islam As-Syafiiyah

Keywords:

Emergency, Pandemic, Legal Certainty

Abstract

Article 22 paragraph (1) of the 1945 Constitution of the Republic of Indonesia (UUD 1945) regulates the existence of a Government Regulation in Lieu of Law (Perppu). This provision gives the president the authority to stipulate a Perppu in the event of a compelling emergency. This study reviews emergency arrangements in handling the COVID-19 pandemic in Indonesia in terms of legal certainty. The results of the study conclude that the issuance of Government Regulation in Lieu of Law Number 1 of 2020 concerning 2020 concerning State Financial Policy and Financial System Stability for Handling the 2019 Corona Virus Disease (Covid- 19). Pandemic and/or In Facing Threats That Endanger the National Economy and/or Financial System Stability issued by the President is in accordance with his authority based on Article 22 paragraph (1) of the 1945 Constitution and is in accordance with the Constitutional Court Decision Number 138/PUU-VII/2009, in which the conditions as stated in the preamble and in the explanation of the Perppu are in above has fulfilled the parameters as a compelling urgency in the framework of stipulating a Government Regulation in Lieu of Law. So that the issuance of the Perppu provides a legal basis and legal certainty for the Government and related institutions in making decisions and/or taking actions in order to overcome the threat of Covid-19 in the health sector, social threats and threats to the economy and financial system stability.

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Published

2022-11-26